News & Updates

A first of its kind study, this landscape report brings together national data from family cases that confirms what we have long known at IAALS: family courts must do more to focus on problem solving rather than rely on the traditional structure framed around an adversarial approach.

The road to recovery is arduous for disaster victims. For the increasing numbers of those victims who end up in court in an effort to recover damages, the process can be protracted and complex. Courts are quickly overwhelmed by the volume and complexity of the cases and these challenges quickly frustrate victims already struggling to rebuild. But even with a documented upswing in both the number and severity of natural disasters, it doesn’t have to be this way.

IAALS’ recent publication, Redefining Case Management, provides an updated set of civil case management guidelines. Notably, the discussion surrounding strong case management by the court is not focused on the overall pace of litigation; the goals are “fair, efficient, and accountable” case management, not just faster litigation.

How do I spend most of my time as a federal court district judge? The best part of my job is presiding at a trial with good trial lawyers. But unfortunately that does not happen as often as I would like both because there has been a decline in trials and, with that, a decline in lawyers who have trial experience.

The State of Oregon continues to blaze a trail in civil justice reform. A new report from the Oregon Judicial Department, released at the end of June, contains recommendations to improve civil justice in the state, and it provides a master class for other states looking to reform their own systems.

IAALS’ recent report, Redefining Case Management, is an important update on the work being done in civil justice innovation and is a critical read for all. The report succinctly summarizes new insights that have been brought to the world of case management—along with charting the path that got us here.

As part of our three-year project to support the modernization and transformation of civil litigation in our state courts, IAALS has helped facilitate a series of regional strategic planning summits to help states develop an action plan for reform or other activities in their respective jurisdictions.

America’s civil justice system is failing to deliver on the promise of a just, speedy, and inexpensive resolution in every case. However, by taking charge of cases from their beginning to end, courts have the power to change that. IAALS’ latest report, Redefining Case Management, offers strategies to help the courts take charge of the delivery of justice in response to the changing landscape in our courts.

Illinois takes judicial education seriously. In 2015, the state Supreme Court formed the Illinois Judicial College, and very recently I was honored to participate in its first full-week debut of courses. Over 400 judges participated and there were over 100 course offerings for them. At the initial plenary session, there was energy in the room—colleagues enjoying being together, eager to learn new things and share information.

IAALS, in partnership with the National Center for State Courts (NCSC), continued its leadership on implementing Civil Justice Initiative reforms at a workshop held in Phoenix, Arizona, January 18-19. The program, The Nuts and Bolts of Civil Justice Reform, was co-sponsored by the NCSC and the Maricopa County Superior Court. Approximately 20 judges and court administrators participated, from Hawaii to Tennessee.

​Bloomberg BNA recently highlighted IAALS’ Fair Labor Standards Act (FLSA) Protocols, which aim to simplify discovery procedures for FLSA cases. Released last month, the protocols call for a specific set of documents to be released by each party at the start of the case in an effort to streamline discovery and lead to a quicker resolution of the case.

On January 18-19, 2018, in Phoenix, Arizona, the National Center for State Courts and the Maricopa County Superior Court will host a Civil Justice Initiative Implementation Workshop on the Nuts and Bolts of Civil Justice Reform. This workshop is part of the three-year implementation effort that follows the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) endorsement of 13 recommendations designed to transform the civil justice system in our state courts.

While a significant focus of civil justice reform has been on the cost and delay of discovery, IAALS has heard the call for reform in the area of motions practice as well, which can similarly result in great cost and delay to the parties. In response, IAALS hosted a convening earlier this month at the Penrose House in Colorado Springs, Colorado, devoted to addressing the current challenges in dispositive motions practice.

In a recent article for Metropolitan Corporate Counsel, IAALS Executive Director Rebecca Love Kourlis and Rule One Initiative Director Brittany Kauffman discuss how state court and bar leaders across the country are gearing up for major civil justice reforms using the recently released Roadmap for Implementation. The Conference of Chief Justices (CCJ) and the Conference of the State Court Administrators (COSCA) have 13 recommendations for improvements that the Roadmap guides toward implementation, in an effort to ensure that the legal system is serving those who need it.

Last year, U.S. Supreme Court Chief Justice Roberts dedicated his 2015 year-end report on the State of the Judiciary to extolling the new amendments to the Federal Rules of Civil Procedure. He noted the amendments serve as an important stride forward…

On November 3, the federal Civil Rules Advisory Committee met in Washington D.C. to discuss a range of issues—from current proposed rule amendments to future projects focused on discovery practice and active judicial case management. The Committee is…

On October 5, 2016, I was honored to be a panelist at IAALS’ joint Law Firm Council and Business Leadership Network meeting. There were three panels at this plenary session: 1) a panel of corporate in-house counsel; 2) a panel of outside counsel; and 3) a panel of judges (from both the federal bench and the state bench).

Arizona has long been a leader in civil justice reform, and last week Arizona led the way again with a set of recommendations from its Committee on Civil Justice Reform. The Committee was established by the Arizona Supreme Court in December 2015 to “develop recommendations, including rule amendments or pilot projects, to reduce the cost and time required to resolve civil cases in Arizona’s superior courts.”

IAALS made a clarion call for improvements to our courts some ten years ago, and since then has been instrumental in promoting rules changes, including the amended Federal Rules of Civil Procedure, effective December of last year. Those new rules have set sail with a rousing endorsement from Chief Justice John Roberts who, in his year-end report, described the amendments as “a major stride toward a better federal court system.” He also noted that the new Rules can only achieve the goal of a “just, speedy and inexpensive determination of every action and proceeding” (the promise of Rule 1) if “the entire legal community, including the bench, bar and legal academy, step up to the challenge of making real change.” IAALS continues to pursue that change, promoting the rules through educational programs, pilot projects, and a new culture necessary to make the changes successful.